High Court directed Additional District Judge Alipore to dispose of a pending application under Section 9 of the Guardian and Wards Act within two months. Order issued without prior service on respondent due to its innocuous nature.
Direction to lower court to dispose of pending application under Section 9 of the Guardian and Wards Act within two months.
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Item No. 46 13.07.2023 Court. No. 19 GB
C.O. 332 of 2022
Smt. Dona Chanda (Sen) Vs. Sri Jaydipta Chanda
Mr. Satyam Mukherjee, Ms. Sayani Ahmed
… for the Petitioner.
Ms. Aditi Kumar Mr. Biswajit Halder
… for the Opposite Party.
This application has been filed for expeditious disposal of the application filed under Section 9 of the Guardian and Wards Act in Misc. (Act-VIII) Case No.68 of 2021, which is pending before the learned Additional District Judge at Alipore.
It is submitted that the said application is pending from January 11, 2022, but the said application has not been disposed of as yet. This Court is of the view that the prayer of the petitioner is reasonable.
This Court has not expressed any opinion on the merits of the application. An order of expeditious disposal enures to the benefit of all the parties and hence this revisional application need not be served upon the opposite party before its disposal. The prayer is innocuous.
Under such circumstances, this Court directs the learned Additional District Judge, Alipore to dispose of the application within a period of two months from the next date fixed, upon giving one last chance to the opposite party to file his written objection, if not already filed.
2
The learned court below shall proceed in accordance with law and independently, without granting unnecessary adjournment to either of the party.
Accordingly, the revisional application is disposed of. Petitioner is directed to serve a copy of the revisional application upon the opposite party, along with the server copy of this order.
However, there will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.
(Shampa Sarkar, J.)
1 issue framed by the court
Whether a direction can be issued for expeditious disposal of a pending application under Section 9 of the Guardian and Wards Act.
1 provisions across 1 enactments
Smt. Dona Chanda (Sen)
Sri Jaydipta Chanda
Shampa Sarkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
